MAY 8, MINUTES Upon motion by Mr. Belack and second by Ms. Hastings, the minutes of April 10, 2003, were approved by vote of 4 to 0.

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1 MAY 8, 2003 The Planning Commission, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Thursday, May 8, 2003, at 9:05 a.m. Present were Commissioners: Richard Bedford, Chairman Steve Belack Marie Hastings Mary Sheppard Absent were Commissioners: Paul Sayers, First Vice-Chairman David Wernicke, Second Vice-Chairman One seat was vacant. Also present were: Jeffrey Steinsnyder, Deputy Chief Assistant County Attorney Susan G. Romine, Board Records Supervisor, representing R. B. Shore, Clerk of Circuit Court All witnesses and staff giving testimony were duly sworn. AGENDA Agenda of May 8, 2003, and sign-in sheet. PC DOC001 MINUTES Upon motion by Mr. Belack and second by Ms. Hastings, the minutes of April 10, 2003, were approved by vote of 4 to 0. PC DOC002 LAND DEVELOPMENT CODE Public hearing (continued from 4/10/03) was held to consider ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING CERTAIN PROVISIONS OF THE MANATEE COUNTY LAND DEVELOPMENT CODE (ORDINANCE 90-01, AS AMENDED): TO ALLOW FOR ABOVE GROUND POWER LINES IN ALL INDUSTRIAL DEVELOPMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan, and consistent with the general purpose and standards of Section 503 of the Manatee County Land Development Code, Mr. Belack moved to recommend ADOPTION of Manatee County Ordinance 03-32, amending the Manatee County Land Development Code (Ordinance 90-01, as amended). The motion was seconded by Ms. Hastings and carried 4 to 0. PC DOC003 ZONING Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was opened to consider PDR-02-08(Z)(G) MUSGRAVE/CROSSING CREEK VILLAGE Request: A Zoning Ordinance of the County of Manatee, Florida, amending the Official Zoning Atlas of Manatee County (Ordinance 90-01, the Manatee County Land Development Code), relating to zoning within the unincorporated area of Manatee County; providing for the rezoning of certain land from PDRV and A-1 to PDR; and a General Development Plan to allow 210 lots for single-family detached homes; and providing an effective date; on acres located south of 44th Avenue East, north of Pleasant Lake RV Park, and west of Creekwood Subdivision. Motion was made by Mr. Belack, seconded by Ms. Hastings, and carried 4 to 0, to continue PDR-02-08(Z)(G) to June 12, 2003, at 9:00 a.m., or as soon thereafter as may be heard. PC DOC004 Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was opened to consider Z DAN G. JUDGE III, TIMOTHY J. JUDGE & RO RO, INC. Request: A Zoning Ordinance of the County of Manatee, Florida ; providing for the rezoning of certain land from RSF-2 to RSF-4.5; and providing an effective date; on acres located on the southwest corner of 63rd Avenue East and 5th Street East. Motion was made by Mr. Belack, seconded by Ms. Hastings, and carried 4 to 0, to continue and readvertise Z to June 12, 2003, at 9:00 a.m., or as soon thereafter as may be heard. PC DOC005 PC MB 2/496

2 Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was opened to consider PDI-03-12(Z)(G) SCHROEDER-MANATEE RANCH/LAKEWOOD RANCH BUSINESS PARK Request: A Zoning Ordinance of the County of Manatee, Florida ; providing for the rezoning of certain land from A to PDI; and a General Development Plan to allow a 33-lot subdivision with 1,006,236 square feet of industrial square footage; and providing an effective date; on acres located south of the Lena Road landfill, west of Lakewood Ranch Boulevard, north of the future 44th Avenue East extension, and east of Rosedale Subdivision and the Southeast Wastewater Treatment Plant. Motion was made by Mr. Belack, seconded by Ms. Sheppard, and carried 4 to 0, to continue PDI-03-12(Z)(G) to June 12, 2003, at 9:00 a.m., or as soon thereafter as may be heard. PC DOC006 Public hearing (continued from 4/10/03) was held to consider PDR-02-33(P) OAKWICK PARTNERS/OAKWICK ESTATES Request: A Preliminary Site Plan to allow 25 lots for single-family detached homes at a gross density of 2.68 dwelling units per acre; and providing for an effective date; on 9.32 acres located south of 70th Street East, at the northwest corner of 69th Street East (fka Erie Road) and Moran Road. If approved, staff recommended 20 Stipulations; and GRANTING Special Approval for a project exceeding one dwelling unit per acre in the UF-3 Future Land Use Category. Stephanie Brooks, Planning Department, used: (1) the Residential Distribution and Future Land Use Map; (2) an aerial map; (3) a future land use map; (4) a zoning map; (5) a slide presentation; and (6) a preliminary site plan to review the request. She recommended enhanced landscaping along the north side of the project (adjacent to 70th Street East). P. J. Shaw, representing the applicant, stated the property would have limited impact on the surrounding area. He stated a six-foot fence will be installed along the north side of the project with a heavily landscaped buffer, and requested Stipulation 1 be amended to permit said fence. Jane Whitehurst, representing the Fox Run Group, submitted twelve photographs and spoke in opposition due to flooding, density, concern for wildlife, and maintaining the natural boundaries. Theodore Ducharme voiced opposition to the density. Discussion: Wall vs. fence; density; stormwater management rules; percentage of reduction; drainage will be improved; wall will not affect drainage; etc. Jerome Gostkowski, Planning Department, explained the stormwater management requirements for the Buffalo Creek Basin. Following discussion, Stipulation 19 was revised as follows: 19. The stormwater management system shall be designed to provide a reduction of 50 percent or greater of the allowable pre-development flow from the 25-year, 24-hour storm event discharge. Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Mr. Belack moved to recommend APPROVAL of Preliminary Site Plan PDR-02-33(P) with Stipulations 1 through 20, with Stipulation 19 as amended; and GRANTING Special Approval for a project exceeding one dwelling unit per acre in the UF-3 Future Land Use Category, as recommended by staff. The motion was seconded by Ms. Hastings and carried 4 to 0. PC DOC007 COMPREHENSIVE PLAN AMENDMENT Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was held to consider ORDINANCE AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE COUNTY 2020 COMPREHENSIVE PLAN; PROVIDING FOR AN APPROVAL OF AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FROM RES-1/WO-E TO OL/WO-E FOR 2.43 ACRES LOCATED AT STATE ROAD 70 EAST; ON THE NORTH SIDE OF STATE ROAD 70, 320 FEET TO THE EAST OF FOREST RUN DRIVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-03-02: Property Owner - Veterans Holding Company of Braden River) Troy Salisbury, Planning Department, used a future land use map and a zoning map to review the request. He submitted a petition of opposition from Braden Pines residents due to traffic noise. He stated a project to widen S.R. 70 is scheduled by the Florida Department of Transportation (FDOT) in Discussion: Petition addresses noise abatement when S.R. 70 is widened; proposed plan amendment would not have an impact on FDOT mitigation; petition addresses rezone not the comprehensive plan amendment; Evers Watershed location requires submission of planned development project; etc. PC MB 2/497

3 Jamie Ebling, representing the applicant, noted that concerns will be addressed at rezone. Based upon the evidence presented and comments made at the public hearing, upon the technical support documents, and finding the request to be consistent with the provisions of Chapter 163, Florida Statutes, and the Manatee County Comprehensive Plan, Ms. Hastings moved to recommend ADOPTION of Manatee County Ordinance 03-02/PA The motion was seconded by Mr. Belack and carried 4 to 0. PC DOC008 ZONING Public hearing (continued from 4/10/03) was held to consider PDR-02-37(Z)(P) PATRICIA AND STUART CHIN/CENTEX HOMES Request: A Zoning Ordinance of the County of Manatee, Florida ; providing for the rezoning of certain land from A to PDR; and a Preliminary Site Plan for 123 lots for single-family detached residences; and providing an effective date; on acres located south of U.S. 301 North, on the east side of Chin Road at 4600 Chin Road. If approved, staff recommended 15 Stipulations; GRANTING Special Approval for a gross density exceeding 1 dwelling unit per acre in the UF-3 Future Land Use Category; ADOPTION of the Findings for Specific Approval; and GRANTING Specific Approval of an alternative to Section of the Land Development Code. Erika Barrett, Planning Department, used: (1) the Residential Distribution and Future Land Use Map; (2) a future land use map; (3) a zoning map; (4) a slide presentation; (5) an aerial map; (6) a site plan; and (7) a Chin Road Subdivision plan to review the request. Discussion: 15-foot-wide pedestrian pathway will be provided to access the Kingsfield Lakes recreational area; distance to recreational area; buffers; include shade trees in the park; etc. Caleb Grimes, representing Centex Homes, referred to the Chin Road Subdivision plan and stated this is the next phase of the Kingsfield Lakes development. Referring to a schematic of the recreational area depicting the large pool area and the tot lot, he discussed the integrated connection. He distributed stipulations and requested consideration for alternate Stipulation 1, and revised Stipulations 12 and 13 related to irrigation. Jeff Murray, Centex Homes, discussed the irrigation process. Discussion: Reclaimed water process; dry lines; Florida Yards and Neighborhood Program; no existing wells permitted on the site; applicant s Stipulation 12 is inconsistent with Comprehensive Plan Policy ; stormwater ponds; lakes not sufficient for irrigation purposes; etc. Brian Cole, Heidt & Associates, Inc., explained the stormwater design. He noted well permits are required to recharge the ponds and the ponds are set up to hydrate the adjacent wetlands. Joan Hodges and Ben Jordan, Parrish Civic Association, submitted photographs and spoke in opposition due to inappropriate transitioning; inadequate buffering, landscaping, and berms; insufficient parking at the recreational facility; lack of water to maintain common areas; lack of native plantings; and the density. They requested a wider buffer achieving eighty percent opacity within two years on Chin Road. Recess/Reconvene. All members present except Mr. Sayers and Mr. Wernicke. Mr. Pederson suggested a new Stipulation 16: 16. The roadway buffer along Chin Road should be 20 feet in width and planted with two rows of canopy trees, 2½ inch caliper, at least 10 feet in height and 4 feet spread, and at least two different species based 40 feet on center. The two rows will be offset from each other to give the appearance of trees located 20 feet on center, together with the required hedge. The hedge shall achieve eighty percent opacity to a height of 6 feet within two years. Discussion: Useable upland open space does not exist in this project; inclusion of landscaped berm should be stipulated; pedestrian connection; limited parking at recreational area; well to serve common areas; potable water; Stipulation 12; etc. Bill O Shea, Environmental Management Department, addressed the irrigation well situation and water use rules. Jeffrey Steinsnyder, Deputy Chief Assistant County Attorney, stated that the Notice to Buyers could indicate the choices with respect to shallow wells for irrigation purposes and the County prohibits the use of in-ground potable water consumption. He amended the applicant s Stipulation 13: 13. If at the time of approval of the first Final Site Plan the County has plans for a reclaimed water line along Chin Road, and such line is programmed by Manatee County for installation, dry lines for hook-up to future re-use lines shall be provided for the entire subdivision, for both common area irrigation and single lot irrigation. Mr. Pederson suggested the inclusion of the words shade trees in Stipulation 1. PC MB 2/498

4 Recess/Reconvene. All members present except Mr. Sayers and Mr. Wernicke. Mr. Grimes stated a remote tot lot is not recommended due to additional liability. He indicated that Kingsfield Lakes will extend the 20-foot buffer and berm area along Chin Road. He advised they would work with staff to find a solution regarding the water problem and suggested Stipulation 12 read: The lowest quality water possible shall be used for irrigation. Discussion: Why was this not included with the Kingsfield application; recreational requirements; site plans are not amended to encompass new acreage; etc. Regarding Stipulation 12, Mr. Pederson suggested: 12. The lowest quality water possible shall be used for irrigation for this project. Motion - Died Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Mr. Belack moved to recommend ADOPTION of Manatee County Zoning Ordinance PDR-02-37(Z)(P); APPROVAL of the Preliminary Site Plan with Stipulations 1 through 16; 1 including shade trees, 12 according to staff, 13 as read by County Attorney, and 16 the 20-foot buffer as read by staff with berm. The motion was seconded by Ms. Hastings. The motion failed 2 to 2, with Ms. Hastings and Ms. Sheppard voting nay. Motion - Carried Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Ms. Sheppard moved to recommend ADOPTION of Manatee County Zoning Ordinance PDR-02-37(Z)(P); APPROVAL of the Preliminary Site Plan with Stipulation 1 including shade trees ; Stipulations 2 through 15 by staff; Stipulation 16 as read by Mr. Pederson; add Stipulation 17 to read Density about equal to that of Kingsfield Lakes ; GRANTING Special Approval for a gross density exceeding one dwelling unit per acre in the UF-3 Future Land Use Category; ADOPTION of the Findings for Specific Approval; and GRANTING Specific Approval of an alternative to Section of the Land Development Code. The motion was seconded by Mr. Belack. Following discussion, Mr. Steinsnyder suggested Stipulation 17 read as follows: 17. Prior to Final Site Plan the site shall be redesigned to provide total density not to exceed 1.7 gross dwelling units per acre. Ms. Sheppard and Mr. Belack agreed and the motion carried 3 to 1, with Mr. Bedford voting nay due to objection to urban sprawl. PC DOC009 CREEKWOOD DRI 13 Public hearings (continued from 4/10/03; Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/23/03) were held to consider Z-84-76(R5) CREEKWOOD INVESTORS, LTD. Request: Revised General Development Plan and Zoning Ordinance to: 1. Redesignate parcel identifications on Map H; 2. Modify Map H to add an additional roadway connection to the west boundary of Creekwood (which may be the alignment for the required extension of 44th Avenue East); 3. Modify Map H and the Project Phasing Table to eliminate and redistribute approved development as follows: A. Reduce the industrial land use category by 530,000 square feet, from 2,000,000 to 1,470,000 square feet; B. Clarify that the remaining 1,470,000 square feet approved in the industrial land use category is to be allocated as follows: 1,200,000 square feet for industrial use; 200,000 square feet for limited commercial use, pursuant to Land Use Condition 3; 70,000 square feet for office use; C. Clarify that the 200,000 square feet of the limited commercial use approved in the industrial use category, pursuant to Land Use Condition 3, is to be allocated as follows: 95,000 square feet for a 250-room hotel in the newly designated Parcel MU; 100,000 square feet for commercial use in the newly designated Parcel MU; and 5,000 square feet in Parcel C-4 (increasing the commercial square footage allowed in this parcel from 20,000 to 25,000 square feet); Allow for the transfer of commercial and office square footage from Parcel MU to Parcels C-4 and C-5; D. Modify uses as follows: Expand the range of commercial uses permitted for the 105,000 square feet of building area on the east side of I-75; and Expand the range of industrial uses permitted in Parcel I; PC MB 2/499

5 and E. Eliminate 8,000 square feet and transfer the remaining 30,000 square feet of office space in Parcel C to the east of I-75 in the newly designated Parcel MU; F. Decrease residential development from 2,305 to 1,617 units; 4. Delete the deadline dates to submit Preliminary Site Plans and tie the Project Phasing Table to buildout dates only; 5. Update and modify the Project Phasing Table to: A. Recognize completed development; B. Transfer 8,700 square feet of industrial use from Phase 2 to Phase 3 (3-year C. Transfer 22,900 square feet of commercial use from Phase 1 to Phase 3 (6-year D. Transfer 32,100 square feet of commercial use from Phase 2 to Phase 3 (3-year E. Transfer 90,000 square feet of commercial use from Phase 2 to Phase 4 (6-year F. Transfer 95,000 square feet of commercial space (250-room hotel) from Phase 2 to Phase 4 (6-year G. Transfer 21,000 square feet of office use from Phase 2 to Phase 3 (3-year H. Transfer 66,000 square feet of office use from Phase 2 to Phase 4 (6-year 6. Amend Land Use Condition 5 to clarify the specific uses that are permitted in the industrial parcel; 7. Delete Land Use Condition 7, which requires a linear park in the industrial component of this development; 8. Delete Parks and Recreation Condition 1 requiring all parks within the development to be open for employees who work in the non-residential component of the project; 9. Amend Parks and Recreation Condition 4, which addresses the responsible entity for maintenance of open space; 10. Delete Transportation Condition 8 to eliminate the road stub on the industrial parcel to the residential parcel (Rosedale) to the east; 11. Modify General Condition 1 to address concurrency certificates; 12. Amend the Zoning Ordinance to update terminology and departmental references, and other changes for internal consistency; and 13. Amend the GDP to reflect the above changes. on acres located north of S.R. 70, on the east and west sides of I-75. ORDINANCE (fka 02-60) CREEKWOOD INVESTORS, LTD. Request: Determination of whether the proposed modifications to the Creekwood DRI Development Order constitute a Substantial Deviation to the Creekwood DRI Development Order, pursuant to Section , Florida Statutes: 1. Redesignate parcel identifications on Map H; 2. Modify Map H to add an additional roadway connection to the west boundary of Creekwood (which may be the alignment for the required extension of 44th Avenue East); 3. Modify Map H and the Project Phasing Table to eliminate and redistribute approved development as follows: A. Reduce the industrial land use category by 530,000 square feet, from 2,000,000 to 1,470,000 square feet; B. Clarify that the remaining 1,470,000 square feet approved in the industrial land use category is to be allocated as follows: 1,200,000 square feet for industrial use; 200,000 square feet for limited commercial use, pursuant to Land Use Condition 3; 70,000 square feet for office use; C. Clarify that the 200,000 square feet of the limited commercial use approved in the industrial use category, pursuant to Land Use Condition 3, is to be allocated as follows: 95,000 square feet for a 250-room hotel in the newly designated Parcel MU; 100,000 square feet for commercial use in the newly designated Parcel MU; 5,000 square feet in Parcel C-4 (increasing the commercial square footage allowed in this parcel from 20,000 to 25,000 square feet); and Allow for the transfer of commercial and office square footage from Parcel MU to Parcels C-4 and C-5; D. Modify uses as follows: Expand the range of commercial uses permitted for the 105,000 square feet of building area on the east side of I-75; and Expand the range of industrial uses permitted in Parcel I; E. Eliminate 8,000 square feet of office space from Parcel C and transfer the remaining 30,000 square feet of office space in Parcel C to the east side of I-75 to the newly designated parcel MU; F. Decrease residential development from 2,305 to 1,617 units; 4. Delete the deadline dates to submit Preliminary Site Plans and tie the Project Phasing Table to buildout dates only; PC MB 2/500

6 5. Update and modify the Project Phasing Table to: A. Recognize completed development; B. Transfer 8,700 square feet of industrial use from Phase 2 to Phase 3 (3-year extension to buildout; 10-year cumulative extension); C. Transfer 22,900 square feet of commercial use from Phase 1 to Phase 3 (6-year extension to buildout; 15-year cumulative extension); D. Transfer 32,100 square feet of commercial use from Phase 2 to Phase 3 (3-year extension to buildout; 10-year cumulative extension); E. Transfer 90,000 square feet of commercial use from Phase 2 to Phase 4 (6-year extension to buildout; 13-year cumulative extension); F. Transfer 95,000 square feet of commercial space (250-room hotel) from Phase 2 to Phase 4 (6-year extension to buildout; 13-year cumulative extension); G. Transfer 21,000 square feet of office use from Phase 2 to Phase 3 (3-year extension to buildout; 10-year cumulative extension); H. Transfer 66,000 square feet of office use from Phase 2 to Phase 4 (6-year extension to buildout; 13-year cumulative extension); 6. Amend Land Use Condition 3 to clarify the uses permitted in the industrial parcel; 7. Delete Land Use Condition 5, which requires a linear park in the industrial component of this development; 8. Delete Parks and Recreation Condition 1 requiring all parks within the development to be open for employees who work in the non-residential component of the project; 9. Amend Parks and Recreation Condition 4, which addresses the responsible entity for maintenance of open space; 10. Delete Transportation Condition 8, which requires a road stub-out be provided to the eastern boundary of Creekwood to connect with the residential parcel (Rosedale) to the east; 11. Modify General Condition 1 to address concurrency certificates; 12. Amend the Development Order to update terminology and departmental references, and other changes for internal consistency; 13. Modify General Condition 15 to allow biennial rather than annual DRI reports in accordance with Section (18) of the Florida Statutes; and 14. Amend Map H to reflect the above changes. on acres located north of S.R. 70, on the east and west sides of I-75. Lisa Barrett, Planning Department, used: (1) the Residential Distribution and Future Land Use Map (2) a zoning map; (3) a future land use map; (4) a slide presentation; and (5) Revised Map H to discuss the history of the DRI, illustrate the request for redesignation of parcel identifications on Map H, and review the additional neighborhood tie, which may provide an alternative route to extend 44th Avenue East. Norm Luppino, Planning Department, used: (1) a zoning plan; (2) a site plan; (3) a chart; (4) Request 3.C; (5) Request 3.D Parcel MU; and (6) Request 3.D Parcel I to review the requested elimination and redistribution of industrial, commercial, and office development to Parcels I, MU, C-4, and C-5. He noted that the applicant is transferring development entitlements from the expired Phases I and II to Phases III and IV, which equates to a 3- and 6-year time extension. Because of the time extension and the applicant s expansion of uses and increase of square footage in some parcels, new Conditions are recommended for the area of development east of I-75. He reviewed Amended Conditions recommended by staff (5/8/03) to make this project more compatible: height limitations; signage; setbacks; truck deliveries; lighting; buffering (near Rosedale); and noise/odors. Mr. Luppino referred to the distributed amended Transportation Conditions 14 and 15 and noted the applicant is not in agreement with Condition 15 addressing two means of access. Condition 15 provides a choice for the applicant to extend Lena Road as a four-lane divided roadway from the intersection of 57th Avenue Drive north to the northern property entrance in Parcel MU; or, if right-of-way is provided, the applicant may construct Lena Road north to the existing Lena Road. Ms. Barrett used Map H and a development plan to review a 20-foot-wide greenway path and the former interneighborhood tie to Rosedale. Caleb Grimes, representing Creekwood Investors, LTD, advised that all changes have been reviewed with Rosedale residents. He requested that parcel allocations (Table 1) be removed from only the Development Order (03-23). He objected to Transportation Condition 15 and Land Use Condition 7, and requested that Land Use Condition 2.g of the Zoning Ordinance regarding building height restrictions be changed to 30 feet in Parcels C-4 and C-5, except buildings north of 57th Avenue Drive which shall not exceed 20 feet. He noted the amendments address land east of I-75. Recess/Reconvene. All members present except Mr. Sayers and Mr. Wernicke. Fred Booth submitted authorization to speak on behalf of the Rosedale Homeowners Association and voiced support of the requests which will be advantageous to Rosedale residents. Marla Hough, on behalf of Creekwood East Corporate Park (Parcel I), requested the inclusion of low intensity recreational uses and the deletion of Transportation Condition 15. She advised that two lanes are currently under construction in accordance with approved final site plans and objected to the requirement. PC MB 2/501

7 Mr. Luppino agreed to deletion of Table 1 in the Development Order. He noted that Transportation Condition 15 will be addressed with the applicant before the County Commission meeting. He agreed to deleting Land Use Condition 23. He did not agree with including park facilities in industrial areas. Mr. Grimes requested including low intensity recreational uses in Land Use Condition 5. Ms. Hough stated that Creekwood East Corporate Park has a valid Certificate of Level of Service (CLOS) through January 2004 and Creekwood Commercial has a valid CLOS through April Motion Z-84-76(R5) Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as outlined herein, Mr. Belack moved to recommend ADOPTION of Manatee County Zoning Ordinance Z-84-76(R5), as recommended by staff. The motion was seconded by Ms. Sheppard. Mr. Steinsnyder clarified that the motion includes the handout dated May 8, 2003, with amended Conditions: Project Phasing and Buildout Conditions 5; Land Use Conditions 7 and 12; Environmental Condition 5; Transportation Conditions 14 and 15; and deletion of Land Use Condition 23. Motion Amended Motion was made by Ms. Hastings to amend the motion to include amendment of Land Use Condition 2.g. as requested by the applicant (building height restriction of 30 feet south of 57th Avenue Drive and 20 feet north of 57th Avenue Drive). The motion was seconded by Ms. Sheppard and carried 4 to 0. The motion, as amended, carried 4 to 0. PC DOC010 Motion Ordinance Based upon the staff report, evidence presented, comments made at the public hearing, the action of the Planning Commission, and finding the request to be consistent with the Manatee County Comprehensive Plan, the Manatee County Land Development Code, Section , Florida Statutes, and Rule 9J-2.025, Florida Administrative Code, as condition herein, Mr. Belack moved to recommend APPROVAL of the finding that the proposed Notice of Proposed Change modifying the Creekwood DRI Development Order does not constitute a substantial deviation; and recommend APPROVAL of Manatee County Ordinance (fka Ordinance 02-60), with the deletion of Table I, as recommended by staff. The motion was seconded by Ms. Hastings. Following discussion, the motion carried 4 to 0; however, Mr. Bedford was not in favor of the boulevard entrance. PC DOC011 HERITAGE HARBOUR (fka HERITAGE SOUND) DRI 24 Public hearings (continued from 4/10/03) were held to consider PDMU-98-08(G)(R) HARBOURVEST, LLC. (HERITAGE HARBOUR FKA HERITAGE SOUND) Request: 1. Change the project name and correctly identify the project owner and developer; 2. Amend the General Development Plan to modify the following uses: A. Add single-family attached residential to Parcel 1; B. Add multi-family residential to Parcels 5, 7, 10, 16, and 32; C. Add ACLF (group care home) and commercial to Parcel 17; D. Add office to Parcel 19; E. Add community support facility to Parcel 21; F. Add professional office to Parcel 22; G. Add professional office and delete multi-family residential to Parcel 23; H. Add office and institutional and delete multi-family residential to Parcel 24; I. Add office and delete multi-family residential to Parcel 25; J. Add office, commercial, and institutional and delete group care home and multi-family residential from Parcel 26; and K. Add office and institutional and delete multi-family residential from Parcel 27; 3. Transfer the following development from Phase I to Phase II: A. 75,000 square feet of retail space; B. 300 beds of ACLF (group care home); and C. 160 single-family residences; 4. Transfer the following development from Phase II to Phase I: A. 18,250 square feet of office; B. 160 multi-family units; and C. 18 holes of golf course; 5. Amend the General Development Plan to modify the residential development totals as follows: A. Decrease the number of units in Parcels 2-10 by 20 or more units for each parcel; and B. Increase the number of units in Parcel 16 by 150 and Parcel 32 by 80 units; PC MB 2/502

8 and 6. Amend the General Development Plan to modify the non-residential development totals as follows: A. Decrease office and commercial in Parcel 17 by 47,250 square feet and add 600 beds for ACLF (group care home); B. Increase professional office and institutional in Parcel 22 by 28,000 square feet; C. Decrease office and commercial in Parcel 23 by 15,000 square feet; D. Decrease commercial, office, and institutional in Parcel 24 by 5,000 square feet; E. Decrease commercial and office in Parcel 25 by 45,000 square feet; F. Change Parcel 26 from 600 beds ACLF to 75,250 square feet office, commercial, and institutional; and G. Increase commercial, office, and institutional in Parcel 27 by 9,000 square feet; 7. Increase the park size from 40.2 to 41.2 acres; 8. Extend the buildout dates for both Phases by 4 years, 11 months, and 30 days; 9. Amend Condition B(3) to change the traffic monitoring for the Transportation System Management Program from annual to biennual; 10. Amend Table 2 to provide an alternative for the S.R. 64 frontage road or delete such requirement; 11. Amend the definition of warranted to include FDOT; 12. Delete Condition L(1).(a) regarding an option for school impact mitigation; 13. Amend Stipulation N(2).f.4, which addresses landscaping between the Manatee River and multi-family parcels; 14. Amend the General Development Plan to make the above changes and various other changes; and 15. Amend the Ordinance to update terminology and departmental references, and other changes for internal consistency. on 2,495.8 acres located northeast of the intersection of I-75 and S.R. 64, extending northward to the Manatee River and eastward 1½ miles from the interchange. A small portion of the project is located west of I-75 at the southeast intersection of I-75 and Kay Road. If approved, staff recommended Conditions; and GRANTING Special Approval for: (1) a project that was previously approved located in the Mixed Use Future Land Use Category; (2) a multiple-use project in the UF-3 future category; (3) a project adjacent to a perennial stream; (4) for a project exceeding a gross density of 1 d.u. per acre and net density of 3 d.u. per acre in the UF-3 Future Land Use Category; (5) for a project involving the siting of a marina type use; and (6) for a project partially within the Coastal Evacuation Area (CEA) and Coastal Storm Vulnerability Area (CSVA) Overlay Districts. ORDINANCE HARBOURVEST, LLC. Request: Determination of whether the proposed modifications to the Heritage Sound DRI Development Order constitute a Substantial Deviation to the Heritage Sound DRI Development Order, pursuant to Section , Florida Statutes, as follows: 1. Change the project name and authorized agent and correctly identify the project owner and developer; 2. Transfer the following development from Phase I to Phase II: A. 75,000 square feet of retail space; B. 300 beds of ACLF (group care home); and C. 160 single-family residences; 3. Transfer the following development from Phase II to Phase I: A. 18,250 square feet of office; B. 160 multi-family units; and C. 18 holes of golf course; 4. Increase the park from 40.2 to 41.2 acres; 5. Extend the buildout dates for both Phases by 4 years, 11 months, and 30 days; 6. Amend the following conditions and commitment: A. B(3) to change the traffic monitoring requirement for the Transportation System Management Program from annual to biannual; B. O(6) to change the requirement to submit an annual report from annual to biannual; and C. Developer s commitment regarding water supply; 7. Amend Table 2 to provide an alternative for the S.R. 64 frontage road or delete such requirement; 8. Amend the definition of warranted to include FDOT; 9. Delete the following conditions: A. L(1).(a) regarding an option for school impact mitigation; B. C(4).(e) regarding infrastructure standards in floodplains; and C. F(2), (3), (4), and (7) regarding sources for irrigation, utilization of xeriscape landscaping, and the maintenance of waterlines and fire hydrants; 10. Add a Telecommunication Facility Use between the existing lake and I-75; 11. Amend Map H to make the above changes and various other changes; 12. Amend the Development Order to update terminology and departmental references, and other changes for internal consistency. on 2,495.8 acres located northeast of the intersection of I-75 and S.R. 64, extending northward to the Manatee River and eastward 1½ miles from the interchange. A small portion of the project is located west of I-75 at the southeast intersection of I-75 and Kay Road. PC MB 2/503

9 Mr. Luppino used: (1) a Future Land Use Map; (2) revised general development plan; (3) a slide presentation; (4) non-residential uses plan; (5) residential changes plan; and (6) elevations of the multi-family buildings to review the requests. He discussed the concerns and the Conditions required to resolve the issues. Regarding the frontage road south of S.R. 64, Mr. Luppino proposed additional language for Table 2 Roadway Improvement b. to read or alternative approved by Manatee County. He noted details of the alternative would be worked out prior to the County Commission meeting. Caleb Grimes, representing the applicant, U.S. Homes, Inc., requested amendments to the Zoning Ordinance: 1. N(2)f.4(h) multi-family buildings in Parcel 32 be changed from 150 to 210 feet in length; and 2. N(2)f.4(a) regarding tree plantings along the Manatee River; the first sentence be amended from 1 year to six months. Mr. Grimes agreed to the additional language in Table 2 Roadway Improvement b. He withdrew the request to extend Phase II to Paul Blucher, attorney representing Musgrave Dairy and High Tech Paintball Park (vacant land south across S.R. 64), objected to any amendment to the Development Order regarding the access road based on plans by his client. For the same reason, he also objected to the time extension of Phase I. Roger Musgrave, adjacent property owner, stated that at least six proposals have been reviewed regarding the frontage road and he requested a resolution to the issue. Carol Masio McGuire, attorney for Timberlane Inc., owner of Timberlane RV Park (property south of S.R. 64, east of Musgrave Dairy), agreed to the additional language for Table 2 Roadway Improvement b. Mr. Luppino did not agree with Mr. Grimes as to Conditions N(2)f.4(h) and N(2)f.4(a). Mr. Grimes advised that the single-family homeowners will be notified regarding multi-family buildings in Condition N(2)f.4(h). Discussion: Can access road issue be resolved before Board meeting; better alternatives for all concerned parties; consider architectural elevation plans for multi-family; etc. Motion PDMU-98-08(G)(R) Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Ms. Hastings moved to recommend APPROVAL of Manatee County Zoning Ordinance PDMU-98-08(G)(R) and approval of a revised General Development Plan with Conditions as recommended by staff; GRANT Special Approval for a project that was previously approved located in the Mixed Use Future Land Use Category; (2) a multiple-use project in the UF-3 future category; (3) a project adjacent to a perennial stream; (4) for a project exceeding a gross density of one dwelling unit per acre and net density of three dwelling units per acre in the UF-3 Future Land Use Category; (5) for a project involving the siting of a marina type use; and (6) for a project partially within the CEA and CSVA Overlay Districts, as recommended by staff. The motion was seconded by Mr. Belack. Mr. Steinsnyder clarified that the motion includes the withdrawal of the extension of Phase II and staff s proposed change to Table 2. Following discussion, the motion carried 4 to 0. PC DOC012 Motion Ordinance Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan, the Manatee County Land Development Code, Section , Florida Statutes, and Rule 9J-2.025, Florida Administrative Code, as conditioned herein, Mr. Belack moved to recommend APPROVAL of the finding that the proposed NOPC modifying the Heritage Sound DRI Development Order does not constitute a substantial deviation; and recommend APPROVAL of Manatee County Ordinance 03-25, as recommended by staff. The motion was seconded by Ms. Hastings. Mr. Steinsnyder clarified that the motion includes the withdrawal of the extension of Phase II and staff s proposed change to Table 2. Following discussion, the motion carried 4 to 0. PC DOC013 Recess/Reconvene. All members present except Mr. Sayers and Mr. Wernicke. PC MB 2/504

10 ZONING Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was held to consider PDR-03-18(G) ROBINSON FARMS, INC./THE ESTUARY GOLF & COUNTRY CLUB Request: A General Development Plan to allow 20 residential units and an 18-hole golf course, driving range, and a 22,000 square foot county club: including a 250-seat food and beverage facility, pro shop, administrative offices, cart storage, tennis and swim facility, and other accessory uses; on 200 acres located on the west side of 99th Street Northwest (N.W.), at the end of 99th Street N.W. and 9th Avenue N.W. If approved, staff recommended Stipulations D(1)-D(4), E(1)-E(11), and T(1)-T(7); GRANTING Special Approval for a project in the Coastal High Hazard Overlay, including the CEA and the CSVA, and for a project adjacent to a perennial stream; and APPROVAL of a Specific Approval to Section Misty Servia, Planning Department, used the Residential Distribution and Future Land Use Map, an outline of the site, a slide presentation, and an aerial map to review the request and the history of the site. She submitted a revised Stipulation T(4) and a recommended motion. Discussion: Clubhouse finished floor elevation of 35 feet and an additional 35-feet building height; general elevation of 4 to 5 feet in the area; etc. Will Robinson, attorney representing the applicant, used an aerial map to point out the private golf club and discussed three transportation alternatives: 1. Connection to Manatee Avenue (S.R. 64) across Perico Bayou, subject to permitting feasibility and obtaining right-of-way and right-of-way vacation; 2. Connection to existing 9th Avenue N.W.; and 3. Connection to Manatee Avenue (S.R. 64) across Perico Bayou with the main access 650 feet south of 9th Avenue N.W. on 99th Street N.W. Mr. Robinson distributed and discussed revised Stipulations T(4) and T(5). Bill O Shea, Environmental Management Department, reported on the water quality monitoring plan and the golf course stormwater system. Elarie Nelson, representing Save Our Manatee Land, voiced support of the project. Mr. Pederson read amended Stipulation T(5): T(5) The cul-de-sac roadway off of 99th Street N.W. or 9th Avenue N.W. shall include traffic eyebrows at 800-foot intervals with full 110 foot diameter turnarounds as approved by Manatee County. Mr. Steinsnyder stated staff did not object to Stipulation T(4) as presented by the applicant. Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Mr. Belack moved to recommend APPROVAL of the General Development Plan PDR-03-18(G) with Stipulations D(1)-D(4), E(1)-E(11), and T(1)-T(7), with T(5) as read by staff and T(4) as presented by the applicant; GRANTING Special Approval for a project in the Coastal High Hazard Overlay, including the CEA and the CSVA, and for a project adjacent to a perennial stream; and APPROVAL of a Specific Approval to Section , as recommended by staff. The motion was seconded by Ms. Hastings and carried 4 to 0. PC DOC014 Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 4/25/03) was held to consider PDPI-03-06(Z)(G) ROBINSON FARMS, INC./MANATEE COUNTY PARK Request: A Zoning Ordinance of the County of Manatee, Florida ; providing for the rezoning of certain land from PDR/CH to PDPI/CH; and a General Development Plan to allow a County park including a visitor s center, playground, canoe launch, native plant nursery, 15 primitive campsites, a historic interpretation area, a series of trails, boardwalks, piers, blueways, picnic shelters with grills, and a caretaker s residence; and providing an effective date; on acres located on the west side of 99th Street N.W., extending to the north to Tampa Bay and to the west to Perico Bayou. If approved, staff recommended Stipulations D(1)-D(4), E(1)-E(9); and T(1); GRANTING Special Approval for a project in the Coastal High Hazard Overlay, including the CEA and the CSVA, and for a project adjacent to a perennial stream. Misty Servia, Planning Department, used the Residential Distribution and Future Land Use Map, an aerial map, and a slide show to review the request. She submitted: Stipulations D(4) and T(1) revisions, deletion of Stipulation D(2), a recommended motion, and two zoning disclosures. She noted concern that the 15 primitive campsites may be incompatible with surrounding and proposed residential development and recommended Stipulation D(4) to resolve this issue. Ms. Servia stated another concern was the only access to the camping area was a mulch trail, which is addressed by Stipulation T(1). PC MB 2/505

11 Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Ms. Hastings moved to recommend ADOPTION of Manatee County Zoning Ordinance PDPI-03-06(Z)(G); and APPROVAL of a General Development Plan with Stipulations D(1), deleting D(2) as recommended by staff, D(3), D(4) as recommended by staff, D(5), E(1)-E(9), and T(1) as amended by staff at this hearing; GRANTING Special Approval for a project in the Coastal High Hazard Overlay, including the CEA and the CSVA, and for a project adjacent to a perennial stream, as recommended by staff. The motion was seconded by Mr. Belack and carried 4 to 0. PC DOC015 PERSONNEL Mr. Pederson announced the departure of Fran Jensen and acknowledged her service with the Agenda Section of the Planning Department. MEETING ADJOURNED There being no further business, the meeting was adjourned. Adj: 5:55 p.m. /njh Minutes Approved: June 12, 2003 PC MB 2/506